alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES, Appellee v LEON BRUNDIDGE, Private, U. S. Army, Appellant UNITED STATES, Appellee v WILLIAM A. MARSHALL, Private, U. S. Army, Appellant UNITED STATES, Appellee v JULIUS L. OLIVER, Specialist Four, U. S. Army, Appellant

No. 30,233

No. 30,236

No. 30,310

August 22, 1975

*Lieutenant Colonel James Kueera, Captain Robert D. Jones, Captain Jay Sacks Cohen, Captain Theodore H. Watts, Captain R. Stuart Broom, Captain Ronald Lewis Gallant,*and *Captain Ralph E. Sharpe*were on the pleadings for Appellant, Accused.

*Lieutenant Colonel Donald W. Hansen, Major Steven M. Werner, Captain John R. Erck,*and *Captain Nancy M. Giorno*were on the pleadings for Appellee, United States.

OPINION OF THE COURT

Per Curiam:

In each of these cases, a pretrial agreement between the accused and the convening authority included a condition limiting the accused’s presentation at trial of motions on matters "other than jurisdiction” before entry of a plea of guilty. We condemned such a limitation in *United States v Holland,*23 USCMA 442, 50 CMR 461 (June 27, 1975). Accordingly, as in *Holland,*we reverse the decision of the Court of Military Review and set aside the findings of guilty and the sentence in each case. The record of trial of each accused is returned to the Judge Advocate General of the Army for submission to the original or other competent convening authority. A rehearing in each instance may be ordered.
IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

VALENTINA DUBITSKAYA,

Plaintiff,

vs. Civil Action 2:11-CV-761

Judge Frost

Magistrate Judge King 

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

REPORT AND RECOMMENDATION

The parties have jointly moved to remand the action, pursuant to

Sentence 4 of 42 U.S.C. § 405(g), for further administrative

proceedings. Doc. No. 15.

It is RECOMMENDED that the parties’ joint motion to remand, Doc.

No. 15, be GRANTED.

If any party seeks review by the District Judge of this Report

and Recommendation, that party may, within fourteen (14) days, file

and serve on all parties objections to the Report and Recommendation,

specifically designating this Report and Recommendation, and the part

thereof in question, as well as the basis for objection thereto. 28

U.S.C. §636(b)(1); F.R. Civ. P. 72(b). Response to objections must be

filed within fourteen (14) days after being served with a copy

thereof. F.R. Civ. P. 72(b). 

The parties are specifically advised that failure to object to

the Report and Recommendation will result in a waiver of the right to

de novo review by the District Judge and of the right to appeal the

Case: 2:11-cv-00761-GLF-NMK Doc #: 16 Filed: 04/27/12 Page: 1 of 2 PAGEID #: <pageID>
decision of the District Court adopting the Report and Recommendation.

See Thomas v. Arn, 474 U.S. 140 (1985); Smith v. Detroit Federation

of Teachers, Local 231 etc., 829 F.2d 1370 (6th Cir. 1987); United

States v. Walters, 638 F.2d 947 (6th Cir. 1981).

April 27, 2012 s/Norah McCann King 

 (Date) Norah McCann King

 United States Magistrate Judge

2

Case: 2:11-cv-00761-GLF-NMK Doc #: 16 Filed: 04/27/12 Page: 2 of 2 PAGEID #: <pageID>
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# Fire's role in nature

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## Description

                    -           Title        
                    -  Fire's role in nature 
                    -           Creator        
                    -  United States. Forest Service 
                    -           Publisher        
                    -  Department of Agriculture, Forest ServiceNational Park Service, Department of the InteriorIdaho Fish & Game 
                    -           Description        
                    -  Shipping list no.: 90-308-P. 
                    -           Subjects        
                    -  United States. Forest Service 
                    -           Subject: Time        
                    -  1990-2000 
                    -           Subject: Place        
                    -  United States 
                    -           Physical Description        
                    -  156 × 44 cm 
                    -           Number of Pages        
                    -  1 
                    -           Host institution        
                    -  University of Iowa. Libraries. Government Publications 
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                    -  Scanned with Zeutschel OS 12000 Scanner at 300 ppi, 24-bit color. Archival tiff image available. 
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                    -  This is a work of the U.S. Government and is not subject to copyright protection in the United States. 
                    -           Contact Information        
                    -  Please contact the Government Publications Department at the University of Iowa Libraries: lib-govpub@uiowa.edu. 
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                    -  Posters 
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Exhibit 12

                           TAMPA ELECTRIC COMPANY

                     RATIO OF EARNINGS TO FIXED CHARGES



     The  following  table  sets  forth  the company's ratio of earnings to

fixed charges for the periods indicated.


  Three Months  Twelve Months
     Ended          Ended                 Year Ended December 31,         
March 31, 1998  March 31, 1998     1997  1996(2)  1995(2)  1994(2)  1993(2)

    3.44x (1)       4.20x (1)     4.38x  4.40x    4.28x    3.88x(3) 3.81x(4)


     For the purposes of calculating this ratio, earnings consist of income
before  income  taxes and fixed charges.  Fixed charges consist of interest
on  indebtedness,  amortization  of debt premium, the interest component of
rentals and preferred stock dividend requirements.
                                                                       

(1)  Includes  the  effect  of a $9.6-million pretax charge associated with
     Tampa  Electric's  ongoing  efforts  to mitigate the effects of a 1997
     FPSC ruling on certain wholesale power supply contracts. The effect of
     this  charge was to reduce the ratio of earnings to fixed charges. Had
     this  charge been excluded from the calculation, the ratio of earnings
     to  fixed  charges  would have been 3.99x and 4.34x for the three- and
     12-month periods ended March 31, 1998, respectively.

(2)  Amounts  have  been  restated  to  reflect  the  merger of Peoples Gas
     System, Inc., with and into Tampa Electric Company.

(3)  Includes  the  effect  of a $21.3-million pretax restructuring charge.
     The effect of this charge was to reduce the ratio of earnings to fixed
     charges.   Had  this  non-recurring  charge  been  excluded  from  the
     calculation,  the  ratio  of earnings to fixed charges would have been
     4.23x for the year ended Dec. 31, 1994.

(4)  Includes  the  effect  of  the non-recurring $10-million pretax charge
     associated  with  a coal pricing settlement. The effect of this charge
     was  to  reduce the ratio of earnings to fixed charges.  Had this non-
     recurring  charge  been  excluded  from  the calculation, the ratio of
     earnings  to  fixed  charges  would have been 3.97x for the year ended
     Dec. 31, 1993.





                                     26<PAGE>
Exhibit 10.2


 


June 26, 2008


 


CONFIDENTIAL


 


Dear Tamara:


 


Favrille, Inc. (the “Company”)
values the contributions that you have made to date, and we feel that you are a
vital part of the team charged with winding down the Company.


 


The Company wishes to retain
your services and to incentivize you to continue as an employee for as long as
the Company currently anticipates that it will need your services.  We recognize that such continued service is
likely to result in you delaying and/or foregoing other employment
opportunities.  Accordingly, if you
remain employed with the Company through September 5,
2008, the Company will pay you a retention bonus in the form of an
enhancement of your base salary by fifty percent (50%) from June 7, 2008
through September 5, 2008.  The bonus will be advanced to you on the
Company’s standard payroll dates, beginning June 30, 2008.  In the event that you voluntarily leave the
employment of the Company prior to September 5,
2008, the bonus amounts previously advanced to you will be deducted from
your final paycheck (provided that the amount so deducted shall not cause your
wage for the pay period in question to be reduced below the minimum wage
required by law), and by your signature below
you expressly authorize the Company to make such a deduction from your final
pay.  In the event that
the Company elects to terminate your employment (other than for misconduct)
prior to September 5, 2008  you will receive the full retention bonus, calculated
through September 5, 2008, in your
final pay.  This retention bonus is in
addition to any other form or amount of compensation that you are eligible to
receive pursuant to any other arrangement with the Company.


 


This payment will be
contingent upon the following:


 


·                  Continued employment with the Company through
September 5, 2008;
and


·                  That you have not received any type
of disciplinary action or warning or committed any act of misconduct in
connection with your employment.


 


This agreement does not
change the nature of your employment or alter the other terms of your
employment agreement with the Company as set forth in the Employment Agreement
dated January 6, 2005, between you and the Company.  You will continue to be bound by the Company’s
policies.  This agreement constitutes the
full and complete expression of our arrangement with respect to the bonus
described herein and supersedes any prior oral commitments or
representations.  This agreement cannot
be modified except by a written instrument approved and signed by both you and
the Company’s Chief Executive Officer or the Company’s Chief Financial Officer.


 


Sincerely,


 


	
   

  	
   

  
	
  /s/ John P. Longenecker

  	
   

  



 


 


John P. Longenecker,
Ph.D.


President and Chief
Executive Officer


 


 


Accepted:


 


	
    /s/ Tamara A. Seymour

  	
   

  	
  Date:

  	
    June 26, 2008

  
	
  Tamara Seymour
|   | (1) | The      Report fully complies, in all material respects, with the requirements of      section 13(a) or 15(d) of the Securities Exchange Act of 1934;      and |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (2) | The      information contained in the Report fairly presents, in all material      respects, the financial condition and results of operations of the      Company. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:      November 9, 2010 | By:                | /s/ Tianfu      Yang |
|-----------------------------|------------------------------|---------------------------|
|                        | Tianfu      Yang             |
|                        | Chief      Executive Officer |
|                        |                         |
| Date:      November 9, 2010 | By:                | /s/ Zedong      Xu   |
|                        | Zedong      Xu               |
|                        | Chief      Financial Officer |

----
```

[Federal Register Volume 72, Number 70 (Thursday, April 12, 2007)]
[Notices]
[Page 18467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6917]

[[Page 18467]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12752-000]

AquaEnergy Group Ltd.; Notice Granting Late Intervention

April 6, 2007.
    On November 22, 2006, AquaEnergy Group Ltd., filed an application 
for a preliminary permit for the Coos County Offshore Wave Energy 
Project No. 12752, to be located in the Pacific Ocean off the coast of 
Coos County, Oregon, southwest of the City of Bandon. The Commission 
issued public notice of the application on December 1, 2005, setting 
January 30, 2007, as the deadline for filing motions to intervene.
    On February 16, 2007, the National Marine Fisheries Service filed a 
late motion to intervene. Granting the late motion to intervene will 
not unduly delay or disrupt the proceeding or prejudice other parties 
to it. Therefore, pursuant to Rule 214,\1\ the late motion to intervene 
filed by the National Marine Fisheries Service is granted, subject to 
the Commission's rules and regulations.
---------------------------------------------------------------------------

    \1\ 18 CFR 385.214 (2006).

Philis J. Posey,
Acting Secretary.
 [FR Doc. E7-6917 Filed 4-11-07; 8:45 am]
BILLING CODE 6717-01-P
```
# C_2008113EN.01001101.xml

| 8.5.2008 | EN | Official Journal of the European Union | C 113/11 |
| --- | --- | --- | --- |

8.5.2008

EN

Official Journal of the European Union

C 113/11

---

MEDIA 2007

Call for proposals — EACEA/08/08

Support for the implementation of Pilot Projects

(2008/C 113/08)

1.   Objectives and description

This notice of a call for proposals is based on Decision No 1718/2006/EC of the European Parliament and of the Council of 15 November 2006 concerning the implementation of a programme of support for the European audiovisual sector (MEDIA 2007).

The measures covered by the Decision include the implementation of Pilot Projects:

| 1. | Distribution: new ways of creating and distributing European content via non linear services. |
| --- | --- |

1.

Distribution: new ways of creating and distributing European content via non linear services.

| 2. | Open Media Production Environment. |
| --- | --- |

2.

Open Media Production Environment.

| 3. | Previously funded Projects: Projects which have received funding under a previous MEDIA Pilot Projects Call for Proposals. |
| --- | --- |

3.

Previously funded Projects: Projects which have received funding under a previous MEDIA Pilot Projects Call for Proposals.

2.   Eligible applicants

This notice is aimed at European companies whose activities contribute to the attainment of the above objectives.

Applicants must be established in one of the following countries:

| — | the 27 countries of the European Union, |
| --- | --- |

—

the 27 countries of the European Union,

| — | the EFTA countries, |
| --- | --- |

—

the EFTA countries,

| — | Switzerland, |
| --- | --- |

—

Switzerland,

| — | Croatia. |
| --- | --- |

—

Croatia.

3.   Budget and duration of projects

The total budget available is EUR 2 millions.

The financial contribution will take the form of a grant. The financial contribution awarded will in no event exceed 50 % of the eligible costs.

The maximum duration of the projects is 12 months.

4.   Deadline for submission of applications

Applications must be submitted to the Executive Agency (EACEA) no later than 7 July 2008.

7 July 2008

5.   Further information

The full text of the call for proposals, together with the application forms, can be found at the following Internet address:

http://ec.europa.eu/information_society/media/newtech/pilot/index_en.htm

Applications must comply with all the terms of the guidelines and be submitted on the forms provided.

---
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9255 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9255

 To designate the facility of the United States Postal Service located 
at 114 John Street in New York, New York, as the ``Jack Greenberg Post 
                               Office''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2024

   Mr. Goldman of New York introduced the following bill; which was 
       referred to the Committee on Oversight and Accountability

_______________________________________________________________________

                                 A BILL

 
 To designate the facility of the United States Postal Service located 
at 114 John Street in New York, New York, as the ``Jack Greenberg Post 
                               Office''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. JACK GREENBERG POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 114 John Street in New York, New York, shall be known and 
designated as the ``Jack Greenberg Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Jack 
Greenberg Post Office''.
                                 <all>
```
# C_2007269EN.01005703.xml

| 10.11.2007 | EN | Official Journal of the European Union | C 269/57 |
| --- | --- | --- | --- |

10.11.2007

EN

Official Journal of the European Union

C 269/57

---

Action brought on 4 September 2007 — Evropaïki Dynamiki v Commission

(Case T-340/07)

(2007/C 269/104)

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki (Athens, Greece) (represented by: N. Korogiannakis, lawyer)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Form of order sought

| — | Order the Commission to pay the applicant the amount of EUR 172 588,62 which constitute unpaid eligible costs incurred by the applicant in the framework of contract No EDC-53007 EEBO/27873; |
| --- | --- |

—

Order the Commission to pay the applicant the amount of EUR 172 588,62 which constitute unpaid eligible costs incurred by the applicant in the framework of contract No EDC-53007 EEBO/27873;

| — | order the Commission to pay the symbolic amount of EUR 1 000 corresponding to the damage suffered at its fame and goodwill; |
| --- | --- |

—

order the Commission to pay the symbolic amount of EUR 1 000 corresponding to the damage suffered at its fame and goodwill;

| — | order the Commission to pay the applicant's legal and other costs and expenses incurred in connection with this application. |
| --- | --- |

—

order the Commission to pay the applicant's legal and other costs and expenses incurred in connection with this application.

Pleas in law and main arguments

This application, pursuant to Articles 238 EC and 235 EC, seeks compensation for damages caused by the decision of the Commission of 16 May 2003 to terminate the contract No EDC-53007 EEBO/27873 signed with the Commission, concerning the project ‘e-Content Exposure and Business Opportunities’ (‘EEBO’) to be carried out in the framework of the multi-annual Community programme to stimulate the development and use of European digital content on the global networks and to promote linguistic diversity in the information society (2001-2005) and involving M. Fischer and M. Marthinsen in the implementation of the project as external consultants.

In support of its claims the applicant argues that the contracting authority (DG INFSO) decision to terminate the contract contains evident errors of assessment resulting in failure to fulfil its contractual obligations. Moreover, it is submitted that the contested decision was taken in violation of the principles of good administration and transparency and that on several occasions, specific Commission agents failed to eliminate alleged conflicts of interest. In light of the above, the applicant claims to be entitled to compensation for the services rendered as well as to eligible costs incurred in the framework of the execution of the contract including interest from the date these amounts became due.

---
exv10w2x1yxby






Exhibit 10.2.(1)(b)




FIRST AMENDMENT

TO THE

BELO SAVINGS PLAN

(As Amended and Restated Effective January 1, 2008)




     Belo Corp., a Delaware corporation, pursuant to authorization by the Compensation Committee of
the Board of Directors, adopts the following amendments to the Belo Savings Plan (the “Plan”),
effective as of January 1, 2008.



     1. The second sentence of Section 4.1(c) of the Plan (“A. H. Belo Stock Fund”) is amended in
its entirety to read as follows:




The Company intends that, in light of the historical relationship between the Company and A.
H. Belo Corporation, the A. H. Belo Stock Fund will be a permanent fund, frozen to new
investment as of the Distribution Date, notwithstanding any other applicable fiduciary
standard relating to (i) the diversification of Trust Fund assets, (ii) the speculative
character of Trust Fund investments, (iii) the lack or inadequacy of income provided by
Trust Fund assets, or (iv) the fluctuation in the fair market value of Trust Fund assets,
unless the Investment Committee determines, using an abuse of discretion standard, that
there is a serious question concerning the short-term viability of A. H. Belo Corporation as
a going concern.



     2. Section 6.2 of the Plan is amended in its entirety to read as follows:




     Forfeiture of Nonvested Amounts. If a Participant terminates employment and receives a
distribution of his entire vested interest in the Plan, the Participant’s nonvested interest
will be forfeited immediately. If the Participant again becomes an Employee before
incurring five or more consecutive One Year Breaks in Service, the forfeited amounts will be
reinstated to his Account, unadjusted for earnings or losses since the date of forfeiture.
If the Participant becomes an Employee after incurring five or more consecutive One Year
Breaks in Service, the forfeited amounts will not be reinstated. If, however, a Participant
terminates employment and does not receive a distribution of his entire vested interest in
the Plan, the Participant’s nonvested interest will be forfeited when the Participant incurs
five consecutive One Year Breaks in Service.



     3. The third sentence of Section 7.1(b) of the Plan (“Form of Distributions”) is amended in
its entirety to read as follows:




The cash value of the whole and fractional shares of Company Stock and A. H. Belo
Corporation common stock allocated to a Participant’s Account will be distributed to the
Participant in cash unless the Participant elects to receive distribution of the whole shares allocated to his Account in the form of shares.



 









 





     Executed
at Dallas, Texas, this 24th day of July, 2008.



	 	 	 	 	 
	 	BELO CORP.

 	 
	 	By  	/s/ Marian Spitzberg
 	 
	 	 	Marian Spitzberg 	 
	 	 	Senior Vice President/Human Resources 	 
	 




2